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(영문) 대전지방법원 홍성지원 2015.08.28 2015고단556
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Bchip car.

On April 30, 2015, the Defendant driven the above car on April 16:20, and proceeded about about 60 km in the speed of 3 lanes near the third lux three-lane road in the Yan-si city.

There are three-distance crossings where signal lights are installed, and immediately after passing through the intersection, a crosswalk is installed. In such a case, a person engaged in driving a motor vehicle has the duty of care to check the traffic signal prior to entering the intersection and operate the motor vehicle in accordance with the signals.

Nevertheless, the Defendant was negligent in passing the above intersection by the stop signal as a result of the Defendant’s failure to view the front side properly and without confirming the traffic signal in advance. According to the Defendant’s walking signal, the Defendant received from the right side of the road to the left side of the victim C(13 years old) walking along the crosswalk from the right side of the road to the left side of the road.

The Defendant caused the death of the victim by occupational negligence, resulting in the death of the victim due to the pulmonary pulmonary ma from the body of the body, the body part of the body part of the body part of the body part of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident occurrence report and a traffic accident actual condition investigation report;

1. Application of Acts and subordinate statutes on a written autopsy;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents and Article 268 of the Criminal Act concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Code of the Probation and Social Service Order [Scope of Recommendation] General Traffic Accidents in Type 2 (Death Caused by Traffic Accidents) [Special Mitigation] [Pronouncement Decision] In August of imprisonment without prison labor, 2 years of suspended sentence, Defendant is against and led to a confession, Defendant has no record of punishment heavier than suspended sentence, Defendant has no record of punishment heavier than suspended sentence.

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